Article 18 of the Turkish Labor Code numbered 4857, namely the
"Employment Protection Act" has changed the employment
environment in Turkey significantly ever since its promulgation in
2003.
Although nearly a decade has passed, the Court of Appeals
decisions have only provided the guidelines for termination based
on the performance of the employee.
The referenced act is applicable to the employment contract of
the relevant employee if; the contract is for an indefinite period,
the relevant employee has a minimum seniority of 6 (six) months,
the relevant employee is not a representative of the employer, and
the employer employs 30 (thirty) or more employees.
Undoubtedly, termination of an employment contract should be the
last resort. In view of this understanding the Act requires the
employer to provide the notice of termination stating precisely one
of the termination reasons provided in the referenced act.
Accordingly, the employer terminating the employment